Disqualification of MP from Lok Sabha

NEWS: Rahul Gandhi disqualified from Lok Sabha day after conviction

https://www.thehindubusinessline.com/news/rahul-gandhi-disqualified-from-lok-sabha/article66656687.ece

 Rahul Gandhi disqualified from LS day after conviction

• Section 500 of the Indian Penal Code (IPC) prescribes for defamation a simple imprisonment for a “term which may extend to two years, or with fine, or with both.”

Sec. 499, IPC- Defamation
Whoever by	Words spoken written sign visual representation	Publication	Harm to reputation

• 500. Punishment for defamation.—Whoever defames another shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.

Disqualification As MP

• Section 8(3) states: “A person convicted of any offence and sentenced to imprisonment for not less than two years shall be disqualified from the date of such conviction and shall continue to be disqualified for a further period of six years since his release.”
• Significantly, the stay cannot merely be a suspension of sentence under Section 389 of the Code of Criminal Procedure (CrPC), but a stay of conviction. Under Section 389 of the CrPC, an Appellate Court can suspend the sentence of a convict while the appeal is pending. This is akin to releasing the appellant on bail.
• This means that Gandhi’s first appeal would be before the Surat Sessions Court and then before the Gujarat High Court.
• Under the RPA, Section 8(4) stated that the disqualification takes effect only “after three months have elapsed” from the date of conviction. Within that period, lawmakers could file an appeal against the sentence before the High Court.
• However, in the landmark 2013 ruling in ‘Lily Thomas v Union of India’, the Supreme Court struck down Section 8(4) of the RPA as unconstitutional.

Practice Questions for Prelims

Consider the following statement regarding disqualification of legislators :
1. Section 8(3) of RPA 1951 states: “A person convicted of any offence and sentenced to imprisonment for not less than two years shall be disqualified from the date of such conviction.
2. The disqualification shall continue to be for a further period of six years since his release.

Which of the statements given above is are correct :
a) 1 only
b) 2 only
c) Both 1 and 2
d) Neither 1 nor 2

ans. c

Mains Practice Question

Section 8(3) of RPA 1951 states: “A person convicted of any offence and sentenced to imprisonment for not less than two years shall be disqualified from the date of such conviction, It is ensuring the decriminalization of Indian Politics. Critically Analyse.

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